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HomeMy WebLinkAboutCHMH Master Agreement Amendment I.pdf Agreement No. 25-292 1 AMENDMENT NO. 1 TO MASTER SERVICE AGREEMENT 2 This Amendment No. 1 to Master Service Agreement 23-282 ("Amendment No. 1") is 3 dated June 24, 2025 and is between each Contractor ("Contractor") listed in Exhibit A, 4 "List of Contractors", and the County of Fresno, a political subdivision of the State of California 5 ("County"). 6 Recitals 7 A. On June 20, 2023, the County and the Contractor(s) entered into Agreement No. 23-282 8 ("Agreement"), for the provision of outpatient specialty mental health, court-specific, and 9 community-based support services for children and youth involved in the Child Welfare Services 10 (CWS) system. The agreement combined and superseded Agreement Nos. 19-277 and 19-277- 11 1. 12 B. The County and the Contractor(s) now desire to amend the Agreement to extend the 13 term for an additional three (3) month base and optional three (3) month renewal term and 14 increasing the maximum compensation by Eleven Million, Seven Hundred Ninety-One 15 Thousand, Six Hundred Eighteen and No/100 Dollars ($11,791,618.00). 16 The parties therefore agree as follows: 17 1. Term. This Amendment extends the term of the Agreement through September 30, 18 2025. The term of this Agreement may be extended for no more than one three-month period 19 only upon written approval of both parties at least thirty (30) days before the first day of the 20 three-month extension period. The County's DBH Director, or designee, is authorized to sign the 21 written approval on behalf of the County based on the Contractor(s)'s satisfactory performance. 22 The extension of this Agreement by the County is not a waiver or compromise of any default or 23 breach of this Agreement by the Contractor(s) existing at the time of the extension whether or 24 not known to the County. 25 2. Section 4.2 of the Agreement, beginning on Page 8, Line 17, is amended to add the 26 following: 27 "The maximum compensation payable to the Contractor(s) under this Agreement 28 for the period of July 1, 2025 through September 30, 2025 for Specialty Mental 1 1 Health Services is Five Million Five Hundred Eighty-Three Thousand Two 2 Hundred Thirty-Four and No/100 Dollars ($5,583,234.00), which is not a 3 guaranteed sum but shall be paid only for services rendered and received. The 4 maximum compensation payable to the Contractor(s) under this Agreement for 5 the period of October 1, 2025 through December 31, 2025 for Specialty Mental 6 Health Services is Five Million Five Hundred Eighty-Three Thousand Two 7 Hundred Thirty-Four and No/100 Dollars ($5,583,234.00), which is not a 8 guaranteed sum but shall be paid only for services rendered and received." 9 3. Section 4.3 of the Agreement, beginning on Page 8, Line 26, is amended to add the 10 following: 11 "The maximum compensation payable to the Contractor(s) under this Agreement 12 for the period of July 1, 2025 through September 30, 2025 for Non-Medi-Cal 13 Supports is Three Hundred Twelve Thousand Five Hundred Seventy-Five and 14 No/100 Dollars ($312,575.00), which is not a guaranteed sum but shall be paid 15 only for services rendered and received. The maximum compensation payable to 16 the Contractor(s) under this Agreement for the period of October 1, 2025 through 17 December 31, 2025 for Non-Medi-Cal Supports is Three Hundred Twelve 18 Thousand Five Hundred Seventy-Five and No/100 Dollars ($312,575.00), which 19 is not a guaranteed sum but shall be paid only for services rendered and 20 received." 21 4. Section 4.5 of the Agreement, beginning on Page 9, Lines 6 through18 is deleted in its 22 entirety and replaced with the following: 23 "4.5 Total Maximum Compensation. In no event shall the maximum contract 24 amount for all the services provided by the Contractor(s) to County under the 25 terms and conditions of this Agreement be in excess of Sixty Million, Seven 26 Hundred Ninety-One Thousand, Six Hundred Eighteen and No/100 Dollars 27 ($60,791,618.00) during the entire term of this Agreement. The Contractor(s) 28 acknowledges that the County is a local government entity and does so with 2 1 notice that the County's powers are limited by the California Constitute and by 2 State law, and with notice that the Contractor(s) may receive compensation 3 under this Agreement only for services performed according to the terms of this 4 Agreement and while this Agreement is in effect, and subject to the maximum 5 amount payable under this section. The Contractor(s)further acknowledges that 6 the County employees have no authority to pay the Contractor(s) except as 7 expressly provided in this Agreement. 8 The Contractor(s) will be compensated for performance of its services under this 9 Agreement as provided in this Article. The Contractor(s) is not entitled to any 10 compensation except as expressly provided in this Agreement." 11 5. When both parties have signed this Amendment No. 1, the Agreement, and this 12 Amendment No. 1 together constitute the Agreement. 13 6. The Contractor(s) represents and warrants to the County that: 14 a. The Contractor(s) is duly authorized and empowered to sign and perform its 15 obligations under this Amendment. 16 b. The individual signing this Amendment on behalf of the Contractor(s) is duly 17 authorized to do so and his or her signature on this Amendment legally binds the 18 Contractor(s) to the terms of this Amendment. 19 7. The parties agree that this Amendment may be executed by electronic signature as 20 provided in this section. 21 a. An "electronic signature" means any symbol or process intended by an individual 22 signing this Amendment to represent their signature, including but not limited to (1) a 23 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 24 electronically scanned and transmitted (for example by PDF document) version of an 25 original handwritten signature. 26 b. Each electronic signature affixed or attached to this Amendment (1) is deemed 27 equivalent to a valid original handwritten signature of the person signing this 28 Amendment for all purposes, including but not limited to evidentiary proof in any 3 1 administrative or judicial proceeding, and (2) has the same force and effect as the 2 valid original handwritten signature of that person. 3 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 4 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 5 2, Title 2.5, beginning with section 1633.1). 6 d. Each party using a digital signature represents that it has undertaken and satisfied 7 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 8 through (5), and agrees that each other party may rely upon that representation. 9 e. This Amendment is not conditioned upon the parties conducting the transactions 10 under it by electronic means and either party may sign this Amendment with an 11 original handwritten signature. 12 8. This Amendment may be signed in counterparts, each of which is an original, and all of 13 which together constitute this Amendment. 14 9. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 15 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 16 effect. 17 [SIGNATURE PAGE FOLLOWS]- 18 19 20 21 22 23 24 25 26 27 28 4 1 The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause. 3 CONTRACTOR COUNTY OFFRESNO 4 See Following Signature Pages 5 6 Ernest Buddy Men s, Chairman of the Board of Supervisors of the County of Fresno 7 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 By: 11 Deputy 12 For accounting use only: 13 Org No.: 56307003 56307007 14 56307010 56307011 15 Account No.: 7295 Fund No.: 0001 16 Subclass No.: 10000 17 18 19 20 21 22 23 24 25 26 27 28 5 1 2 California Psychological Institute, Inc. 3 4 < �` 5 Paul Owh EO 6 7 8 Michelle Zavala,Administrative Director 9 1470 W. Herndon, Suite 300 10 Fresno, CA 93711 11 12 13 Please see additional 14 signature pages attached 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 2 Central Star Behavioral Health, Inc. 3 4 5 Kent Dunlap, President and CEO 6 7 OGi via Amiv(a 8 Olivia Aranda, Vice President and CFO 9 1501 Hughes Way, Suite 150 10 Long Beach, CA 90810 11 12 13 Please see additional 14 signature pages attached 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 ii Docusign Envelope ID:8D7551CC-2D67-4E48-BE3D-F6F67325EABF 1 2 Pacific Clinics 3 Signed b 4 5 Kim Wells, Chief Legal Officer 6 7 499 Loma Alta Ave. 8 Los Gatos, CA 95030 9 10 11 Please see additional 12 signature pages attached 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 1 2 Turning Point of Central California, Inc. 3 4 5 Rya E3an s, CEO 6 8 Bruce Tyler, CFO 9 615 South Atwood Street Visalia, CA 93277 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9